Shakil Ahmad Azmi And 9 Others vs State Of U.P And Another
2022 Latest Caselaw 10891 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 20175 of 2022
 
Applicant :- Shakil Ahmad Azmi And 9 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Kumar Ankit Srivastava,Sr. Advocate
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application has been filed under Section 482 Cr.P.C. with the prayer to quash the entire proceeding of Criminal Case No. 3360 of 2022 (State Vs. Matlub Khan and others), arising out of Case Crime No. 42 of 2022, under Sections 147, 148, 149, 323, 452, 354, 504, 506 and 427 I.P.C., Police Station Mugalsarai, District Chandauli as well as charge sheet dated 09.04.2022 and cognizance order dated 21.05.2022 pending before the Chief Judicial Magistrate, Chandauli.

At this stage, learned counsel for the applicants restricts their prayer for a direction to the trial court to consider the bail application of the applicants in accordance with the judgment of the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another passed in Special Leave Petition (Crl.) No.5191 of 2021 dated 11th July, 2022. The applicants undertake to appear before the trial court within 15 days from today.

Under the circumstances, considering the undertaking given by the applicants, to appear before the trial court within 15 days, it is hereby directed that the applicants shall surrender before the trial court within 15 days from today and in case, applicants surrender, the trial court is expected to decide the bail application of the applicants in accordance with law, keeping in view the judgment of the Apex Court in the case of Satendra Kumar Antil (supra). For a period of 15 days from today, no coercive measures shall be taken against the applicants.

It is provided that in case the applicants do not surrender within 15 days from today, the trial court shall proceed to take coercive measure strictly in accordance with law.

With the aforesaid observation and direction, the application is disposed of.

Order Date :- 22.8.2022

VMA